Excelsior Correspondent
SRINAGAR, Nov 10: The Jammu and Kashmir High Court today upheld the judgment passed by Single Bench of the court where by demotion order of Inspector General of Central Reserve Police Shamsher Singh Sandhu was held legal and valid.
Dismissing the appeal filed by Sandhu challenging therein the Judgment passed by Single Bench, the Division Bench comprising Chief Justice MM Kumar and Justice MH Attar uphold the judgment of Single Bench.
Division Bench reached to the conclusion that the judgment passed by Single Bench should not be altered as it has been passed in right perspective.
“We are not left with any option except to uphold the view taken by the learned writ court and we have no hesitation to add that the view of the learned single judge with regard to compliance with principles of natural justice is absolutely consistent with law”, the order said.
Sindhu in June this year was sent to medical examination after his willingness and accordingly the opinion of medical board at All India Institute of Medical Sciences reached the conclusion that Sindhu does not fall under the SHAPE-I of medical category but falls under SHAPE-3 of medical category which is a low category.
“There is not found any kind of allegations of malafide in the judgment of writ court. We also do not find any substance in the allegations of malafide and endorse the view the learned Single Judge”, the bench said.
Sindhu was promoted to the higher rank of IG CRPF on April 2013, subsequently the said promotion order was revoked by the Home Ministry as he was not fulfilling the criteria and medical fitness for the post of IG.
The revocation order was challenged by Sindu by way of writ petition which got dismissed after taking into consideration various factors.